PAYMENT GATEWAY

1.         Introduction

1.1         This Payment Gateway is a mobile payment service provided by us. Your use of the Payment Gateway is subject to these Specific Terms and Conditions and the prevailing CapitaStar@Work Terms and Conditions (which together, for purposes of these Specific Terms and Conditions, we refer to as the "Terms"). Your use of the App requires that you agree to the Terms. Your use of your cards with this Payment Gateway is also subject to the prevailing terms and conditions imposed by your card issuer.

2.         General Description of the Payment Gateway

2.1 The Payment Gateway facilitates mobile payment transactions using a credit or debit card registered via this Payment Gateway at participating retailers. The payment service is provided by United Overseas Bank Cyber Source Payment Gateway (“UOB-CS”).. By using the Payment Gateway, you authorise UOB-CS to process your charge, credit or debit card, when you incur transactions or fees at participating retailers using this Payment Gateway. You agree and acknowledge that UOB-CS is the party responsible for collecting and storing your charge, credit or debit card information when you enroll such cards on this Payment Gateway, and for processing the charge, credit or debit card transaction, and that we are only responsible for storing part of your card details as further described below.

3.         Using the Payment Gateway

3.1         Age Restriction

To use the Payment Gateway you must be 18 years of age or older.

3.2         Basic Use Requirements

To use the Payment Gateway you will need a device that meets the service's system and compatibility requirements, which may change from time to time, working internet access, and compatible software. Your ability to use Payment Gateway, and Payment Gateway's performance, may be affected by these factors. Such system requirements are your responsibility.

3.3         Getting Started

(a) You must have access to the CapitaStar@Work App account to access to the Payment Gateway.

(b) When you make a payment with Payment Gateway, the transaction is processed through the UOB-CS page. It is assumed that the transacted amount is agreed with the relevant retailer upon transacting. Any dispute that arises with the transacted amount must be resolved with the retailer by you at your own cost. The CapitaStar@Work App will display your recent transaction history for each payment made with the Payment Gateway.

(c) Your use of the Payment Gateway is governed by these Terms as well the applicable terms and privacy policy from your card issuer. You are responsible for any charges and related fees that may be imposed under such issuer terms or privacy policy as a result of your use of such cards. You warrant and represent that the charge, credit or debit card you are using is valid (i.e. not expired) and that you are not using fraudulent cards or card account information, and you shall provide true and accurate information in order for card transactions to be processed by UOB-CS. Nothing in these Terms modifies such issuer terms or privacy policy. In the event of any inconsistency between these Terms and your card issuer's terms, these Terms will govern the relationship between you and us with respect to the Payment Gateway, and your issuer's terms will govern the relationship between you and the issuer.

(d) You agree not to use the Payment Gateway for unlawful or fraudulent purposes, or otherwise in violation of applicable law and regulation. You shall not use the Payment Gateway to process a payment transaction, or otherwise transfer money between you and a retailer, that is unrelated to a purchase of a relevant product and/or service. The Payment Gateway may not be used for remittance or money transfer purposes or to receive cash advances from retailers or to facilitate the purchase of cash equivalents (traveller's cheques, prepaid cards, money orders, etc). You may not use the Payment Gateway to purchase any illegal goods or services or for any other underlying illegal transaction. You agree not to directly or indirectly interfere with, disrupt, or otherwise misuse the Payment Gateway, including any of its related servers, networks, or other infrastructure. You agree that the Payment Gateway is for your personal use, with your own charge, credit or debit cards. If you use the Payment Gateway with an eligible corporate card, you agree that you are doing so with your employer's authorisation and with the ability to bind your employer to these Terms.

3.4         You agree and acknowledge that the payment processing and payment gateway services are provided by UOB-CS as the service provider, and provided to you through the Payment Gateway on a pass-through basis, and accordingly you understand that your use of the Payment Gateway is subject to UOB-CS's disclaimers, limitations and exclusions, including the following:

(a) United Overseas Bank Limited ("Bank") shall not be liable in any way for:

(i) any action, claim, proceedings, charge, cost, damage, any action, claim, proceedings, charge, cost, damage, demand, interest, liability, loss, penalty, tax and expense of any nature that you may incur or suffer directly or indirectly as a result of or in connection with this Agreement or any transaction, including without prejudice to the generality of the foregoing any listing or disclosure of your personal data through Payment Gateway;

(ii) any disruption, defect or breakdown in or failure of any equipment, UOB-CS' software or any system used to authorise or record the transaction or telephone or other communication system or facilities;

(iii) its failure to perform any of its obligations due directly or indirectly to the defect, failure, or damage of any machine or communications system, industrial dispute, war, act of God, or anything outside the Bank's control.

(b) You shall not take any action, legal or otherwise, against the Bank in respect of any listing or disclosure of your personal data as may be required for the purposes set forth in Payment Gateway's Specific Terms and Conditions.

4.         Data Privacy and Personal Data Protection Policy

4.1         Information Use and Sharing

In order for us to provide the Payment Gateway, in addition to the purposes set out in the CapitaStar@Work General Terms and Conditions, you consent to and permit Capitaland Commercial Management Pte. Ltd. to share and disclose your device, payment, location, and account information, your particulars and affairs (financial or otherwise), any document or transaction and/or any other matters as required by your credit or debit card issuer, payment network, UOB-CS, the Bank or any providers authorised by your card issuer, and to collect, store and use such information to provide you with the Payment Gateway. Where necessary to process your transactions, you also permit Capitaland Commercial Management Pte. Ltd. to use, share and disclose your personal information with retailers, payment processors, and other third parties.

4.2         Information We May Collect

In order for us to provide and improve Payment Gateway, in addition to the purposes set out in the CapitaStar@Work General Terms and Conditions, you consent to and permit us to collect transaction, account, and other personal information from third parties, including retailers.

5.         Indemnity

5.1         By using Payment Gateway, you hereby agree to indemnify and keep indemnified us and in addition, do not hold us responsible for any and all liabilities, financial losses, claims, damages and/or expenses which we may incur from the misuse of Payment Gateway, your breach of the Terms or infringement of our intellectual property (as applicable) as a result of your use of Payment Gateway.

6.         Liability

6.1         YOU IRREVOCABLY AGREE THAT

(a) THE PAYMENT GATEWAY IS PROVIDED "AS IS" AND WITHOUT ANY REPRESENTATION OF WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY AND THAT CAPITALAND COMMERCIAL MANAGEMENT PTE. LTD., CAPITALAND LTD, THEIR RESPECTIVE RELATED CORPORATIONS AND AFFILIATES, OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES, EMPLOYEES AND SUPPLIERS ("RELEVANT PARTIES") SPECIFICALLY DISCLAIM AND EXCLUDE ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(b) The Relevant Parties do not have any control over the products or services that are paid for with the Payment Gateway and cannot ensure that a retailer you are dealing with will actually complete the transaction or is authorised to do so. The Relevant Parties does not guarantee continuous, uninterrupted or secure access to any part of the Payment Gateway, and operation of our site may be temporarily suspended for maintenance or upgrade or interfered with by numerous factors outside of our control.

(c) TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, YOU IRREVOCABLY AGREE THAT NONE OF THE RELEVANT PARTIES SHALL HAVE ANY LIABILITY TO YOU OF ANY NATURE WHATSOEVER FOR ANY LOSS, EXPENSE, CLAIM OR DAMAGE, WHETHER DIRECT OR INDIRECT, THAT YOU MAY SUFFER OR INCUR OR BE EXPOSED TO IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE PAYMENT GATEWAY, ANY DATA PROVIDED IN CONNECTION WITH THE PAYMENT GATEWAY OR THE DISCLOSURE THEREOF, OR ANY BREACH OF THE TERMS OF THESE TERMS. IF TO ANY EXTENT SUCH LIABILITY CANNOT BE EXCLUDED, THE MAXIMUM LIABILITY OF THE RELEVANT PARTIES SHALL BE LIMITED TO ONE SINGAPORE DOLLAR IN AGGREGATE.

7.         Termination

7.1         We (including all its subsidiaries, brands, related and/or associated companies/brands) reserves the right to terminate and/or suspend your Payment Gateway at any time for whatsoever reason, and is not obligated to disclose the reason behind the termination and/or suspension.

7.2         In the situation whereby you violate or we have reason to suspect violation of these Terms, we reserve the right for immediate termination and/or suspension of your account. Upon suspension or termination of your use of Payment Gateway, you remain liable for all payment transactions and/or any other obligations you may have incurred under these Terms.

8.         Governing Law
Your access and use of the Payment Gateway shall be governed by Singapore law and you agree that the Singapore courts shall have exclusive jurisdiction over all disputes relating thereto.